Chương IV: Nghị định 58/2022/NĐ-CP đăng ký và quản lý hoạt động của các tổ chức phi chính phủ nước ngoài tại Việt Nam Đình chỉ, chấm dứt hoạt động và thu hồi giấy đăng ký đối với các tổ chức phi chính phủ nước ngoài

Chapter IV

SUSPENSION AND TERMINATION OF OPERATIONS AND WITHDRAWAL OF THE REGISTRATION CERTIFICATES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 18. Suspension of operations

1. The foreign non-governmental organizations shall be suspended from operation in the following cases:

a) Continue to operate when the registration certificate expires;

b) Fail to operate in the sectors or areas specified in the registration certificate;

c) Use or notify information on transaction account that is not the registered transaction account.

2. If the foreign non-governmental organization commits violations against the law or at the request of the competent state agency, the Ministry of Foreign Affairs shall consider and issue a decision to suspension of the operations of the foreign non-governmental organization according to opinions of relevant state management agencies. The opinions shall be collected in the form of organization of meetings or submission of documents for the purpose of collection of opinions of relevant state management agencies. If the Ministry of Foreign Affairs collects opinions in writing, within 10 working days from the date of receipt of the documents from the Ministry of Foreign Affairs, the agencies subject to collection of opinions shall reply in writing to the Ministry of Foreign Affairs for synthesis and decision. If there are different opinions between agencies, the Ministry of Foreign Affairs will hold a meeting in order to reach consensus. The Decision on suspension of operations shall be transferred to the Committee for foreign non-governmental organization affairs for notification to the foreign non-governmental organization.

3. Within 5 working days from the date of issuance of the decision on suspension of operations, the Committee for foreign non-governmental organization affairs shall notify to the foreign non-governmental organization.

4. Within 30 working days from the date of receipt of the decision on suspension of operations, the foreign non-governmental organization shall remedy the violations mentioned in the decision on suspension of operations and notify the result of remedy to the Committee for foreign non-governmental organization affairs.

Article 19. Termination

1. The foreign non-governmental organizations shall terminate operations and the registration certificate of which shall be withdrawn in the following cases:

a) Commit one of violations specified in Article 5 of this Decree;

b) Fail to operate for 12 consecutive months after issuance of the registration certificate;

c) Fail to remedy violations mentioned in the decision on suspension of operations specified in Clause 4, Article 18 of this Decree.

2. If the foreign non-governmental organization commits violations against the law or at the request of the competent state agency, the Ministry of Foreign Affairs shall consider and issue a decision to termination of the operations and withdrawal of registration certificate of the foreign non-governmental organization according to opinions of relevant state management agencies. The opinions shall be collected in the form of organization of meetings or submission of documents for the purpose of collection of opinions. If the Ministry of Foreign Affairs collects opinions in writing, within 10 working days from the date of receipt of the documents from the Ministry of Foreign Affairs, the agencies subject to collection of opinions shall reply in writing to the Ministry of Foreign Affairs for synthesis and issuance of decision. If there are different opinions between the agencies, the Ministry of Foreign Affairs shall hold a meeting to reach consensus. The decision on termination of the operations and withdrawal of the registration certificate of the foreign non-governmental organization shall be transferred to the Committee for foreign non-governmental organization affairs for notification to foreign non-governmental organization.

3. Within 5 working days from the date of issuance of the decision on termination of operations and withdrawal of registration certificate, the Committee for foreign non-governmental organization affairs shall notify request for termination of operations to the foreign non-governmental organization and withdraw the registration certificate.

4. Within 60 working days from the date of receipt of the decision on termination of operations and withdrawal of registration certificate, the foreign non-governmental organization shall resolve issues relevant to headquarters, houses, employees, equipment for working, financial obligations (if any) and issues relevant to such organizations and individuals according to regulations of the law of Vietnam.

5. If the foreign non-governmental organization decides to terminate its operation, within 60 days before official termination of its operation, the foreign non-governmental organization shall notify in writing the Ministry of Foreign Affairs and the Committee for foreign non-governmental organization affairs, send the issued registration certificate, report on asset and financial audit to such authorities and fulfill relevant obligations in accordance with the law of Vietnam.